Friday, May 18, 2012

Parashat Be'Har - Be'Chu'ko'tai


This week’s two portions – Be’har (literally, “at the mountain”), and Be’Chuku’tai (literally, “in my laws”) – mark the end of the third book of the Torah, the book of Leviticus.  Among others, these portions contain the famous laws of “shmi’ta” – the innovative idea that every seventh year the land itself has to rest, just like we humans who own it do every seventh day.  They also contain other, more familiar religious laws such as the prohibition on creating idols (Levit. 26:1), the decree to keep the Shabat (26:2), and others. 

And at the end of the Chapter 26 we find this dramatic concluding remark: “These are the statutes, laws, and doctrines that God provided between Himself and the Israelite People at Mount Sinai at the hand of Moshe.”  (26:46)

But other than those well-established rules, this week’s portions also discuss two very interesting concepts that are often less discussed in Judaism – that of business cycles and that of negative incentives for inappropriate behavior.  To me, both demonstrate, beyond a shadow of a doubt, that very little has changed between the time the Torah was written and today. I will dedicate a very short discussion to each.

On Business Cycles and Old Recessions

The modern theory of business cycle – the notion that markets operate in stages, notably four: (1) expansion; (2) crisis; (3) recession; and (iv) recovery – was only developed in the twentieth century by pioneer economists like Joseph Schumpeter.  Yet the idea that economic activity operate in waves, and that sometimes people find themselves on top and sometimes on the bottom of economic success, is as old as the idea of market itself. 

This week’s portion is famous for its detail discussion of the laws of Sh’meeta, which I mentioned earlier – the careful consideration given to the soil, the main production resource of the time. In a limited sense, this too can be seen as a part of the notion of business cycle – here, the land must “rest” every seven years, and then begin again. To me, however, the more interesting part of the portion relates to the very detailed account of the rules that should apply when members of the community fall on hard economic times. For example, what is the law when your relative was forced to sell a part of their land, as he no longer can hold on to it? When a member of the community had to sell his lucrative residence located behind the protective walls of the city (the then-Upper East Side, perhaps) and to move to live outside the protective bounds of town? What happens to when out-of-protective-town homes are sold, as the owners can pay the mortgage? What happens when your relative losses his job and cannot make do? And so on and so forth. (Levit. 25:25-55) I hope that by now, some – if not all – of this sounds very familiar. An accurate description of the “biblical housing bubble,” if you will. 

Though the laws themselves are fascinating – providing, in essence, a model for market-created social safety net, including the (now famous) restriction on usury loans – I am more interested here in the very phenomenon of people who fell on hard economic times and how society should treat them (according to Judaism). This, to me, shows not only that a community-based approach and notions of shared responsibility were envisioned well before the Great Depression or the current economic crisis, but that the Jewish religion saw it as a moral and legal obligation to treat those people with dignity and fairness, and to provide them with hope for better economic times.  The message here is simple: You have to treat those people well today, because tomorrow you might be the one in need of that kind of help. The debate today over the creation of a new consumer protection agency, as well as the idea of “private” bail-out – a direct government assistance to people in need – are but a faint echo of this comprehensive set of laws created over  two thousand years ago to properly deal with the notion of business cycles and their effect. Once again, we can be proud of our wise sages (or God, or both) who identified a social issue and created a comprehensive way of dealing with it.

The “Sh’ma” and Sanctions for Bad Behavior

While business cycles are entirely a secular phenomenon – no God is involved in either their creation or the solution provided (with the proviso, of course, that everything is done in His command) – the next issue is anything but.

The Sh’ma – “Sh’ma Israel, Adonai Eloheinu, Adonai Echad” – is by far the most famous of Jewish texts.  It consists of two parts, as Yeshayahu Leibowitz explains in length (also in English, see The Reading of Shema in Judaism, Human Values, and the Jewish State 37 (Harvard 1992)). The first part of the Sh’ma, which is presented as an absolute demand (or as a Kantian categorical imperative, for those who are interested in modern philosophy), requires every Jewish person to love the Lord our God with all their heart, all their soul, and all their might. (And Rabbi Akiva added: “with all thy soul – meaning that even when they come to take away your soul (i.e., to kill you) – you should still love Him.”)

I would not dwell here on the beautiful issue of why the word love was chosen to portray the desired – nay, decreed(!) – relationship between the person of faith and God. I would just suggest that love is the greatest human feeling of all, the strongest, the most expressive, and thus no other human emotion could be chosen for the task.

The second part of the She’ma is framed as a conditional demand (or, in Kantian terms, a conditional imperative). It begins with the words “And if you shall hear [Me],” and promises a set of rewards for those who would follow the ways of the Jewish Lord.  Leibowitz dwells here on the notion of “Lishma” and “Lo Lishma” (a faith for its own sake, which is the one mentioned in the first part, and a lesser, though much more prevalent, form of faith, to gain a reward, appearing in the second) – an issue I dealt with in previous posts. But for my purposes today, I would like to remark on what is missing from the Sh’ma.  The two sections (I omit here the third part of the Sh’ma, dealing with the Ts’tsit) describe no sanction, no punishment, no negative reward for the person who chooses not to follow the ways of God. 


That part is supplied by today’s portion. And in droves.

The portion of “Be’Chukutai” begins with the now-familiar text of “If you shall follow my laws, and keep my decrees . . . then I shall provide your rain in time (etc., etc.)” – much like the second part of the Sh’ma.  But then the text moves onto a third part that does not appear in the Sh’ma:

"But if you shall not listen to me, and shall not follow my decrees, and if you reject my rules and despise my laws . . . then I shall do the following onto you:" And here the text provides a parade of horribles, including plagues, wars lost, becoming slaves to enemy armies, a land refusing to give fruit, the death of domestic animals, and so on and so forth, including being forced to eat the very flesh of your own descendants. (Levit. 26:29).   

To me, that shows – once again – that not much has changed since the time the text was written. Yes, it is very nice to discuss categorical imperatives – doing things because they are right in and of themselves; or even to do something for anticipation of reaping the rewards – such as “if you will follow my laws, all the best will happen to you.” (As the second part of the Sh’ma is phrased). But at the end of the day, human nature is such that nothing would happen unless and until meaningful sanctions are put in place. And those sanctions, to be sure, must be such that would deter someone from doing the act.  Serious, big sanctions (and in this case, perhaps even cruel and unusual sanctions) should be put in place in order to deter unwanted behavior. And this is the role (well) played by the portion read this week. 

I would like to leave you with the following question, however: If this section is so important, so vital, so crucial to human behavior, why was it left outside the Sh’ma itself? Put differently, If you were sitting today in the Sanhedrin’s Knesset G’dolah (a religious legislative body that ceased to exist, but that had all the required authority to change the law) would you reintroduce this part of the text into the Sh'ma? Let me know your thoughts.

Shabbat Shalom,

Doron

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